Preparing for or planning a terrorist act is an offence under section 101.6 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of life in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You did any act, and
- That act was done in preparation for, or planning of, a terrorist act.
A ‘terrorist act’ is an action done or threatened with the intention of:
- Coercing, or influencing by intimidation, the government of the Commonwealth, or a state, territory or foreign country, or part thereof, or
- Intimidating the public or a section thereof.
‘An action’ includes:
- Causing serious physical harm to a person
- Causing serious damage to property
- Causing death
- Endangering another’s life
- Creating a serious risk to the health or safety of the public or part thereof, and
- Seriously interfering with, seriously disrupting or destroying an electronic system.
An ‘electronic system’ includes:
- An information, telecommunications or financial system
- A system to deliver essential government services, and
- A system for or by an essential public utility or transport system.
‘An action’ does not include advocacy, protest, dissent or industrial action not intended to:
- Cause death, serious physical harm or endanger another’s life, or
- Create a serious risk to the health or safety of the public or a part thereof.
You may be found guilty even if:
- The terrorist act did not occur
- Your conduct was not connected with a specific terrorist act, or
- Your conduct was done in preparation or planning for more than one terrorist act.
Defences to the charge include duress and self-defence.
If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Planning or Preparing Terrorist Acts matter, call Sydney Criminal Lawyers® today on
(02) 9261 8881.